Communications Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

After Clause 12

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Insert the following new Clause—
  "Consultative councils for nations and regions
(1)  It shall be the duty of the Content Board to establish consultative councils for matters within the responsibility of the Board particularly affecting—
(a)  Scotland,
(b)  Wales,
(c)  Northern Ireland, and
(d)  each region of England designated by OFCOM for the purposes of this section.
(2)  The chairmen of the consultative councils established under subsection (1)(a), (b) and (c) shall be the members of the Content Board appointed in accordance with the provisions of section 11(4)(b), (c) and (d) respectively.
(3)  The chairmen of consultative councils established under subsection (1)(d) shall be members of the Content Board.
(4)  The regions of England for the purposes of this section shall be determined by OFCOM, having regard to the coverage area of regional Channel 3 services.
(5)  It shall be the duty of the Content Board when appointing members of consultative councils to secure that a majority of the members of each such council (counting the chairman) consists of persons who are neither members nor employees of OFCOM.
(6)  Persons disqualified from membership of the Content Board under section 11(8) shall also be disqualified from membership of consultative councils established under this section.
(7)  In determining the membership of the consultative council established under subsection (1)(a), the Content Board shall ascertain and have regard to the views of the Scottish Executive.
(8)  In determining the membership of the consultative council established under subsection (1)(b), the Content Board shall ascertain and have regard to the views of the National Assembly for Wales.
(9)  In determining the membership of the consultative council established under subsection (1)(c), the Content Board shall ascertain and have regard to the views of the Northern Ireland Assembly.
(10)  In determining the membership of the consultative councils established under subsection (1)(d), the Content Board shall ascertain and have regard to the views of such bodies established or persons holding office under the Regional Development Agencies Act 1988 (c. 45) and the Greater London Authority Act 1999 (c. 29) as the Content Board may consider appropriate in the case of each consultative council."
 

Clause 13

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

Page 14, line 16, at end insert "; and
(g)  the extent and nature of variations in consumer experiences as a result of disability, age or personal circumstances."
 

Clause 16

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

Page 18, line 19, leave out from "by" to end of line 22 and insert "the Secretary of State, acting with the advice of OFCOM, and shall comprise a chairman and such other members as the Secretary of State may determine"
 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 18, line 19, leave out from "by" to end of line 22 and insert "the Secretary of State, acting with the advice of OFCOM.
(   )  The chairman of the Consumer Panel shall be chosen by the Panel from among their members."
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE
THE LORD PUTTNAM

Page 18, line 23, leave out "OFCOM" and insert "the Secretary of State"
Page 18, line 31, leave out "OFCOM" and insert "Secretary of State"
Page 18, line 41, leave out "OFCOM" and insert "Secretary of State"
 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 19, line 3, leave out "The chairman and"
Page 19, leave out line 8 and insert "the Secretary of State, acting with the advice of OFCOM"
 

Clause 17

 

THE LORD ASHLEY OF STOKE

Page 19, line 22, at end insert—
"(   )  The committees established by the Panel shall include a committee representing the interests of disabled and elderly people; and any such committee shall include a majority of members who are themselves disabled people or of pensionable age."
 

Clause 23

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

Page 22, line 44, at end insert "having regard to the need to make the information or advice accessible to persons with disabilities"
 

Clause 24

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD LUKE

Page 23, line 6, after "television" insert ", telecommunications, internet"
Page 23, line 12, after "television" insert ", telecommunications, internet"
 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Page 23, line 27, leave out subsections (6) and (7)
 

After Clause 25

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

Insert the following new Clause—
  "Charging principles
(1)  Other than in the circumstances specified in subsection (3), OFCOM shall not fix any administrative charge for any functions undertaken by OFCOM for any charging year unless—
(a)  at the time the charge is fixed there is in force a statement by OFCOM of the principles that OFCOM are proposing to apply in fixing charges for the relevant functions for that year; and
(b)  the charge is fixed in accordance with those charging principles.
(2)  Those principles must be such as appear to OFCOM to be likely to secure, on the basis of such estimates of the likely costs as it is practicable for them to make—
(a)  that, on a year by year basis, the aggregate amount of the charges payable to OFCOM in accordance with the relevant statement is sufficient to meet, but does not exceed, the annual cost to OFCOM of carrying out the functions to which the relevant statement applies.
(b)  that the cost of carrying out those functions is met by the imposition of charges that are objectively justifiable and proportionate to the matters in respect of which they are imposed; and
(c)  that the relationship between the meeting of the cost of carrying out those functions and the amounts of the charges is transparent.
(3)  The provisions of this section do not apply to—
(a)  administrative charges under Chapter 1 of Part 2 of this Act;
(b)  charges, fees or payments under the enactments relating to the management of the radio spectrum;
(c)  any other payment made to OFCOM which is to be paid into the appropriate Consolidated Fund by virtue of section 393;
(d)  charges under section (Charges in respect of OFCOM's central functions); and
(e)  charges relating to costs incurred by OFCOM prior to the radio and television transfer dates.
(4)  A relevant statement of charging principles for the purposes of this section shall specify—
(a)  the relevant functions carried out by OFCOM, and
(b)  the statutory basis for those functions.
(5)  No tariff shall be fixed by OFCOM under sections 4 and 87 of the 1990 Act and sections 4 and 43 of the 1996 Act (general licence conditions) except in accordance with the relevant statement of charging principles.
(6)  As soon as reasonably practicable after the end of each charging year, OFCOM shall publish a statement setting out, in respect of each service for which a relevant statement of charging principles has been made and of that year—
(a)  the aggregate amounts of the administrative charges for that year that have been received by OFCOM;
(b)  the aggregate amount of the administrative charges for that year that remain outstanding and are likely to be paid or recovered; and
(c)  the cost to OFCOM of carrying out the functions specified in the relevant statement of charging principles.
(7)  Any deficit or surplus shown (after applying this subsection for all previous years) by a statement under subsection (6) shall be carried forward and taken into account in determining what is required to satisfy the requirement imposed by virtue of subsection (2)(a) in relation to the following year.
(8)  The provisions of section 36(1), (5) and (6) shall apply to a statement of charging principles made under this section.
(9)  In this section "charging year" has the same meaning as in section 35."
Insert the following new Clause—
  "Funding for competition law functions
(1)  OFCOM shall not levy any administrative charge for any functions undertaken by them under Part 5.
(2)  OFCOM shall, in respect of each financial year, publish a statement, on the basis of such estimates as it is practicable for them to make, of the likely costs of carrying out their functions under Part 5.
(3)  The Secretary of State may, with the consent of the Treasury, make grants to OFCOM of such sums as are specified in a statement published under subsection (2).
(4)  Grants under this section shall be paid out of money provided by Parliament.
(5)  As soon as reasonably practicable after the end of each financial year, OFCOM shall publish a statement setting out, in respect of that financial year—
(a)  the sums received in grants under subsection (3); and
(b)  the cost to OFCOM of carrying out their functions under Part 5.
(6)  Any deficit or surplus shown (after applying this subsection for all previous financial years) by a statement under subsection (5) shall be carried forward and taken into account in publishing a statement under subsection (2) in relation to the following financial year.
(7)  In this section "financial year" means—
(a)  the period of not more than twelve months beginning with the date on which section 362 comes into force and ending with 31st March; and
(b)  every subsequent period of twelve months ending with 31st March."
Insert the following new Clause—
  "Charges in respect of OFCOM's central functions
(1)  The costs of OFCOM's central functions shall be met from charges fixed by OFCOM in accordance with the provisions of this section.
(2)  For the purposes of this section, "OFCOM's central functions" are any general functions relating to the administration, management and policy of OFCOM which, in the opinion of OFCOM, are not functions to which subsection (3) applies.
(3)  These are any functions of OFCOM—
(a)  in respect of which a statement of charging principles can, in the opinion of OFCOM, be made under section (Charging principles);
(b)  in respect of which administrative charges can be fixed under Chapter 1 of Part 2;
(c)  under the enactments relating to the management of the radio spectrum;
(d)  relating to payments made to OFCOM which are to be paid into the appropriate Consolidated Fund by virtue of section 393;
(e)  under Part 5.
(4)  OFCOM shall not fix a charge for OFCOM's central functions for any charging year unless—
(a)  at the time the charge is fixed there is in force a statement by OFCOM of the principles that OFCOM are proposing to apply in fixing charges for those functions for that year; and
(b)  the charge is fixed in accordance with those charging principles.
(5)  Those principles must be such as appear to OFCOM to be likely to secure, on the basis of such estimates of the likely costs as it is practicable for them to make—
(a)  that, on a year by year basis, the aggregate amount of the charges payable to OFCOM in accordance with the statement is sufficient to meet, but does not exceed, the annual cost to OFCOM of carrying out their central functions; and
(b)  that the relationship between the meeting of the cost of carrying out those functions and the amounts of the charges is transparent.
(6)  As soon as reasonably practicable after the end of each charging year, OFCOM shall publish a statement setting out, in respect of that year—
(a)  the aggregate amounts of the charges for that year under this section that have been received by OFCOM;
(b)  the aggregate amount of the charges for that year under this section that remain outstanding and are likely to be paid or recovered; and
(c)  the cost to OFCOM of carrying out their cental functions.
(7)  Any deficit or surplus shown (after applying this subsection for all previous years) by a statement under subsection (6) shall be carried forward and taken into account in determining what is required to satisfy the requirement imposed by virtue of subsection (5)(a) in relation to the following year.
(8)  The provisions of section 36(1), (5) and (6) shall apply to a statement made under this section.
(9)  In this section "charging year" has the same meaning as in section 35."
Insert the following new Clause—
  "Funding for OFCOM's central functions
(1)  OFCOM shall not levy any administrative charge to meet the costs of their central functions.
(2)  For the purposes of this section, "OFCOM's central functions" are any general functions relating to the administration, management and policy of OFCOM which, in the opinion of OFCOM, are not functions to which subsection (3) applies.
(3)  These are any functions of OFCOM—
(a)  in respect of which a statement of charging principles can, in the opinion of OFCOM, be made under section (Charging principles);
(b)  in respect of which administrative charges can be fixed under Chapter 1 of Part 2;
(c)  under the enactments relating to the management of the radio spectrum;
(d)  relating to payments made to OFCOM which are to be paid into the appropriate Consolidated Fund by virtue of section 393;
(e)  under Part 5.
(4)  OFCOM shall, in respect of each financial year, publish a statement, on the basis of such estimates as it is practicable for them to make, of the likely costs of carrying out their central functions.
(5)  The Secretary of State may, with the consent of the Treasury, make grants to OFCOM of such sums as are specified in a statement published under subsection (4).
(6)  Grants under this section shall be paid out of money provided by Parliament.
(7)  As soon as reasonably practicable after the end of each financial year, OFCOM shall publish a statement setting out, in respect of that financial year—
(a)  the sums received in grants under subsection (5); and
(b)  the cost to OFCOM of carrying out their central functions.
(8)  Any deficit or surplus shown (after applying this subsection for all previous financial years) by a statement under subsection (7) shall be carried forward and taken into account in publishing a statement under subsection (4) in relation to the following financial year.
(7)  In this section "financial year" means—
(a)  the period of not more than twelve months beginning with the date on which section 1 comes into force and ending with 31st March; and
(b)  every subsequent period of twelve months ending with 31st March."

 
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27 March 2003